The Role of provinces in the use of interventions in terms of Section 139(1)(A)-(C) of the constitution

Abstract

The fragmented approach of provinces in the use of legislation and policies, coupled with the uncertainty of key terms in the context of section 139(1) of the Constitution, have resulted in provincial executives not being consistent or not always complying with the use of the steps necessary for interventions in terms of section 139(1) of the Constitution. In order to assess the impact of the fragmented approach and uncertainties on how provincial executives apply the above mentioned steps, this study answers eight questions designed to test the way in which provincial executives applied the aforementioned steps and the effectiveness of the use of aforementioned interventions. The assessment is based on the tallies from the answers to the eight questions, and the grouping of these answers in accordance with the tallies. Each of the three main groups characterises how the relevant provincial executives applied the steps necessary for the use of interventions in terms of section 139(1) of the Constitution for the last five years. The fourth group assesses the effectiveness of such interventions. The answers are derived from the data relating to the notices to the Minister and NCOP, and complemented by the progress reports from the Minister and NCOP. The findings of the four groupings are as follows: the first group presented the steps which present no difficulty in terms of compliance; the second group presented the steps which provincial executives mostly complied with but which at times present some difficulty; and the third group presented those steps which are problematic. The fourth group determined that the effectiveness of the role of provinces in the use of interventions in terms of section 139(1) of the Constitution is questionable due to the repetition and duration of a number of interventions. In order to address the issue of non-compliance by provincial executives with the steps necessary for the use of interventions, the study recommends the drafting of legislation and formulation of clear policy guidelines which will ensure a consistent, coherent and uniform approach when invoking interventions.